This General Terms of Service (this “TOS”), as may be modified or amended periodically by MTN (as defined below), is a legally binding agreement made by and between MTN and you, personally and, if applicable, on behalf of the entity for whom you are using MTN mPulse (“the Service”), (collectively, “you” or “your”).
BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THIS TOS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE SERVICE. UNLESS OTHERWISE EXPRESSLY STATED, MTN DISCLAIMS ANY AND ALL WARRANTIES WHETHER PROVIDED BY MTN, ITS AFFILIATES, OR ITS RESPECTIVE EMPLOYEES AND AGENTS.
MTN may periodically modify and supplement these TOS, with or without notice to you. You are responsible for regularly checking these TOS for revisions.
Subject to your compliance with the terms and conditions of this TOS, MTN grants you a limited, non-exclusive right to use the Services, and any content and materials made available to you in connection with your use of the Service.
You may stop using the Services at any time and MTN may terminate your access to the Services in whole or in part if it reasonably believes you have breached this TOS, or any other related terms, guidelines or policies. Following termination, you will not be permitted to use the Services.
Using the Services does not give you ownership of or any rights to any materials or content that may be provided to you in connection with your use of the Services, all of which is owned by MTN, its licensors, or other entities, and is protected by copyright and other intellectual property rights. Except as expressly set forth in this TOS, you may not use, display, perform, copy, reproduce, represent, adapt, create derivative works from, distribute, transmit, sublicense or otherwise circulate by any means whatsoever any materials or content made available to you in connection with your use of the Services, without express permission from the owner or MTN (as applicable). Using the Services does not give you any rights to use any trademarks, service marks, trade dress, trade names, or the likes, without express permission from the owner.
You may use the Services and any materials or content made available to you in connection with your use of the Services only as expressly permitted by this TOS and only in a manner that does not interfere with MTN’s right or ability to provide the Services or any third party’s right or ability to use or enjoy the Services, or any Law.
You represent and warrant that you will not post any of the following:
Any content that is unlawful, harmful, offensive, threatening, abusive, harassing, invasive of privacy or publicity rights, defamatory, libelous, vulgar, obscene, pornographic, indecent, lewd, suggestive, profane, hateful, racially, ethnically or otherwise objectionable or inappropriate material of any kind, including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
Unauthorised use of the Service will give MTN a right to a claim for damages and/or be a criminal offence.
If you see objectionable content in the course of your use of the Services, you may report such content to MTN by contacting MTN customer service or through any other applicable reporting means as provided through the Services. MTN reserves the right to address such requests in any manner in its sole discretion.
You are responsible for the safety of your account and your password. You will immediately notify MTN if you become aware of any unauthorised use of, or access to the Service through your account, including any unauthorised use of your password or account.
MTN may change or discontinue any of the Services at any time without notice or liability to you or any third party. Subject to the foregoing, MTN also reserves the right to change these terms and conditions at any time without notice. By accepting these Terms and Conditions, You will be deemed to have accepted these and any varied terms and conditions.
If you submit ideas, suggestions or anything else about the Services (such as ways to improve the Services) to MTN, you agree that such information is non-confidential and MTN can use or publish that feedback for any reason, without payment or other compensation to you, forever and throughout the world. You agree not to submit any feedback to MTN in which you do not wish to grant such rights.
DISCLAIMER OF WARRANTIES. MTN PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. MTN DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, THEIR USE, ANY INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, DELAYS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH HARDWARE OR SOFTWARE YOU USE. MTN MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. MTN MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY THIRD PARTY MATERIALS OR INFORMATION WHETHER RECEIVED OR ACCESSED VIA ANY LINKS PROVIDED BY OR IN CONNECTION WITH THE SERVICES OR OTHERWISE.
MTN will not be liable to you or any third party for any consequential, incidental, indirect, punitive or special damages (including, without limitation, damages relating to lost profits, lost data or loss of goodwill) arising out of, relating to or connected with the use of the services.
In no event will the aggregate liability of MTN arising from, relating to, or in connection with this TOS or the Services exceed the amount that you paid MTN for your use of the services.
Except as may be specifically provided in this Agreement, neither party shall be liable to the other for any type of special, indirect and/or consequential losses or damages arising under statutory or common law, including but not limited to loss of profits, loss of business opportunities, loss of income, loss of use, loss of goodwill, loss of revenue or third party claims.
You agree to indemnify, defend and hold MTN and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders (“Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach by you of any provision of this TOS or (ii) arising from, related to, or connected with your use of the Services.
This TOS shall be governed in accordance with the Laws of the Federal Republic of Nigeria.
IF YOU USE THE SERVICES TO SUBMIT OR GENERATE CONTENT, THEN IN ADDITION TO THE PROVISIONS OF THE GENERAL TERMS OF SERVICE, THE FOLLOWING ADDITIONAL TERMS WILL APPLY TO YOU. SUCH CONTENT IS REFERRED TO BELOW AS “USER GENERATED CONTENT.”